Uhuru’s turn to take the stand in his own defence
Finance Minister Uhuru Kenyatta will take the stand in his own defence on Wednesday evening as pre-trial hearings over the killings that swept the nation in the last elections enter a crucial stage.
Mr Kenyatta has taken the unusual step of presenting himself as his own witness, a move whose wisdom has divided court watchers. (READ: Uhuru faulted on testifying at ICC)
His appearance on the witness stand is one of the most eagerly anticipated portions of the hearings that began last Wednesday.
The prosecution says that Mr Kenyatta, Public Service head Francis Muthaura and Postmaster-General Hussein Ali bear the greatest responsibility for attacks on ODM supporters in Naivasha where about 42 people were killed in retaliatory attacks in the last week of January 2008. (READ: Uhuru and Muthaura ‘organised attacks’)
In one incident, 19 people — including women and children — were burnt alive after being cornered by suspected Mungiki youth.
Mr Kenyatta denies playing any role in those attacks. (READ: Uhuru Kenyatta's private army)
His lawyer, Mr Steven Kay, in his opening statement last Wednesday, said that the Deputy Prime Minister played a role in calming tempers at the time.
Mr Kay said the violence was triggered by ODM leader Raila Odinga’s call for mass action to protest what he saw as a stolen election.
Chief prosecutor Luis Moreno-Ocampo says Mr Kenyatta worked hand-in-glove with Mungiki to attack ODM supporters.
He cites Mr Kenyatta as the initiator of the “common plan” to attack civilians as part of an effort to hold on to power “by any means necessary”.
Rebut allegations
He says Mr Kenyatta came up with the idea of the Naivasha and Nakuru attacks at a meeting in State House on December 30, 2007, and that he recruited Mr Muthaura into the plan at a meeting at the Nairobi Club four days after the alleged State House meeting.
Mr Kenyatta will seek to rebut those allegations when he takes the stand at 7.30pm, Kenyan time.
(TV footage will be available from 8pm due to a 30-minute delay in airing proceedings, although the schedule may change depending on how fast the Kenyatta defence team complete their submissions in the afternoon sessions.)
The decision by the judges on whether to confirm or reject the charges is eagerly anticipated.
Apart from the three in The Hague, Eldoret North MP William Ruto, Tinderet MP Henry Kosgey and radio presenter Joshua arap Sang face a separate case over attacks on suspected PNU supporters in the Rift Valley.
Ms Elizabeth Evenson, Senior Counsel in the International Justice Programme at Human Rights Watch, who follows the Kenya case, said Mr Kenyatta was within his rights to opt to take the stand.
“One of most important features of the ICC is its broad protection of the rights of defendants,” she said.
“Individuals before the ICC are entitled to a vigorous defence and to make the choices that they think will best serve their defence.”
Keen to get it right
Mr Kenyatta and Mr Ruto have declared their intention to run for the presidency in 2012, and their ambitions largely rest on the decision the judges will render in two months time.
The Kenya case is also vastly important for the court because critics say it has achieved little since it was formed nine years ago, having failed to secure a single conviction.
The “situation in Kenya”, as the case relating to the post-election violence is characterised by the prosecution, is one of the most high-profile matters the court has dealt with and the institution will be keen to get it right.
